A/RES/43/48 GA

General Assembly-Forty-third Session IX. RESOLUTIONS ADOPTED ON THE REPORTS OF THE SIXTH COMMITTEE1 CONTENTS Resolution Na TI 43/48 Report of the Committee on Relations with the Host Country (A/43/900) 43/51 Declaration on the Prevention and Removal of Disputes and Situations Which May Threaten International Peace and Security and on the Role of the United Nations in this Field (A/ 43/886) ........... . 43/160 Observer status of national liberation movements recognized by the Organization of 43/161 43/162 43/163 43/164 43/165 43/166 43/167 43/168 43/169 43/170 43/171 43/172 43/173 African Unity and/or by the League of Arab States (A/43/880) Resolution A .. Resolution B Status of the Protocols Additional to the Geneva Conventions of I 949 and relating to the protection of victims of armed conflicts (A/43/819) .... Progressive development of the principles and norms of international law relating to the new international economic order (A/43/881) ......... . . Peaceful settlement of disputes between States (A/43/882) ... . Draft Code of Crimes against the Peace and Security of Mankind (A/43/883) United Nations Convention on International Bills of Exchange and International Promissory Notes (A/43/820) ..................... . Report of the United Nations Commission on International Trade Law on the work of its twenty-first session (A/43/820) . . . . . ............ . Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives (A/43/821) ....... . Report of the Ad Hoc Committee on the Drafting of an International Convention against the Recruitment, Use, Financing and Training of Mercenaries (A/43/884) Report of the International Law Commission on the work of its fortieth session (A/43/885) ....... . Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (A/43/886) ........ . Development and strengthening of good-neighbourliness between States (A/43/887) Resolution A ........ . Resolution B . . . . . . ................ . Report of the Committee on Relations with the Host Country (A/ 43/900/ Add. I) Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (A/43/889) ................. . 1 For the decision, adopted on the reports of the Sixth Committee, see sect. X.B.8. llt'm 137 !JS 126 126 127 128 129 130 131 131 132 133 134 135 136 136 137 138 Date of adoption 30 November 1988 5 December 1988 9 December 1988 9 December 1988 9 December 1988 9 December 1988 9 December 1988 9 December 1988 9 December 1988 9 December 1988 9 December 1988 9 December 1988 9 December 1988 9 December 1988 9 December 1988 9 December 1988 9 December 1988 9 December 1988 Page 275 276 277 278 278 279 279 280 280 291 292 293 294 295 296 296 297 297 43/48. Report of the Committee on Relations with the Host Country The General Assembly, Recalling Article 105 of the Charter of the United Na­ tions and the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, dated 26 June 1947,2 Having been apprised that the Palestine Liberation Or­ ganization, in conformity with the usual practice, had re­ quested through the Secretary-General an entry visa for Mr. Yasser Arafat, Chairman of the Executive Committee of the Palestine Liberation Organization, in order to par­ ticipate in the forty-third session of the General Assembly, Recalling also its resolution 3237 (XXIX) of 22 Novem­ ber 1974, in which, inter alia, it invited the Palestine Lib­ eration Organization to participate in the sessions and the work of the General Assembly in the capacity of observer, Affirming the right of Member States and observers freely to designate the members of their delegation to par­ ticipate in the sessions and the work of the General As­ sembly, 2 See resolution 169 (II). 275 Having been informed of the decision of the host country to deny the requested visa, in violation of its international legal obligations under the Agreement, Endorsing the opinion of the Legal Counsel of the United Nations rendered on 28 November 1988,3 1. Affirms the right of the Palestine Liberation Organi­ zation freely to designate the members of its delegation to participate in the sessions and the work of the General As­ sembly; 2. Deplores the failure by the host country to approve the granting of the requested entry visa; 1 A/C.6/43/7. 276 General Assembly-Forty-third S ession 3. Considers that this decision by the Government of the United States of America, the host country, consti­ tutes a violation of the international legal obligations of the host country under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations; 4. Urges the host country to abide scrupulously by the provisions of the Agreement and to reconsider and reverse its decision; 5. Requests the Secretary-General to submit a report on the developments in this matter no later than I Decem­ ber 1988. 65th plenary meeting 30 November 1988 43/51. Declaration on the Prevention and Removal of Disputes and Situations Which May Threaten International Peace and Security and on the Role of the United Nations in this Field The General Assembly, Recalling its resolutions 38/141 of 19 December 1983, 39/88 of 13 December 1984, 40/78 of 11 December 1985, 41/83 of 3 December 1986 and 42/157 of 7 December 1987, Taking note of the report of the Special Committee on the Charter of the United Nations and on the Strengthen­ ing of the Role of the Organization,4 which met in New York from 22 February to 11 March 1988 and com­ pleted a draft Declaration on the Prevention and Removal of Disputes and Situations Which May Threaten Interna­ tional Peace and Security and on the Role of the United Nations in this Field, Convinced that the adoption of the Declaration on the Prevention and Removal of Disputes and Situations Which May Threaten International Peace and Security and on the Role of the United Nations in this Field will contribute towards strengthening the role and enhancing the effectiveness of the United Nations in maintaining in­ ternational peace and security, Considering the need to ensure a wide dissemination of the text of the Declaration, l. Approves the Declaration on the Prevention and Re­ moval of Disputes and Situations Which May Threaten International Peace and Security and on the Role of the United Nations in this Field, the text of which is annexed to the present resolution; 2. Expresses its appreciation to the Special Committee on the Charter of the United Nations and on the Strength­ ening of the Role of the Organization for its important contribution to the elaboration of the text of the Declara­ tion; 3. Requests the Secretary-General to inform the Gov­ ernments of the States Members of the United Nations or members of specialized agencies, and the Security Coun­ cil, of the adoption of the Declaration; 4. Urges that every effort be made to ensure that the Declaration becomes generally known and fully imple­ me1,''.:d. 68th plenary meeting 5 December 198R 4 Ojjicial Records of' the General A,semhly. Forrv-rhml Se,sion. Supplement No. 33 (A/4.1/D). ANJ'I.EX Declaration on the Prevention and Removal of Disputes and Situations Which May Threaten International Peace and Security and on the Role of the United Nations in this Field Th!! General Assembly. Recognizing the important role that the United Nation, and its organs can play in the prevention and removal of international disputes and situations which may lead to international friction or give rise to an inter­ national dispute. the continuance of which may threaten the mainte nance of international peace and security (hereafter: "disputes" or "situations"), within their respective functions and powers under the Charier of the United Nations. Convinced that the strengthening of such a role of the United Nations will enhance its effectiveness in dealing with questions relating to the maintenance of international peace and security and in promoting the peaceful settlement of international disputes, Recognizing the fundamental responsibility of States for the preven­ tion and removal of disputes and situations, Recalling that the peoples of the United Nations are determined to practise tolerance and liw together in peace with one another as good neighbours, Bearing in mind the right of all States to resort to peaceful means of their own choice for the prevention and removal of disputes or situations, Reaffirming the Declaration on Principles of International Law con­ cerning Friendly Relations and Co-operation among States in accor dance with the Charter of the United Nations,s the Manila Declaration on the Peaceful Settlement of International Disputes6 and the Declara­ tion on the Enhancement of the Effectiveness of the Principle of Refrain ing from the Threat or Use of Force in International Relations.7 Recalling that it is the duty of States to refrain in their international re­ lations from military, political, economic or any other form of coercion against the political independence or territorial integrity of any State, Calling upon States to co-operate fully with the relevant organs of the United Nations and to support actions taken by them in accordance with the Charter relating to the prevention or removal of disputes and situa tions, Bearing in mind the obligation of States to conduct their relations with other States in accordance with international law, including the princi­ ples of the United Nations. Reaffirmi11g the principle ,,f equal rights and self-determination of peoples, Recalling that the Charter confers on the Security Council the primary responsibility for the maintenance of international peace and security, and that Member States have agreed to accept and carry out its decisions in accordance with the Charter, R,ya/ling also the important role conferred by the Charter on the Gen eral Assembly and the Secretary-General in the maintenance of interna tional peace and securit). I. Solem11/y declar!!., that: States should act so as to prevent in their international relations the emergence or aggra,atton of disputes or situations, in particular by fulfilling in good faith !heir obligations under international law; 2. In order to prevent disputes or situations, States should develop their relations on the basis of the sovereign equality of States and in such a manner as to enhance the effectiveness of the collective security system through the effective implementation of the provisions of the Charter of the United :-iations; States should consider the use of bilateral or multilateral rnn­ sultations in order better to understand each other·, views, positions and interest,; 4 States party to regional arrangements or members of agencies referred lo in Article 52 oft he Charter should make every effort to pre venl or remove local disputes ,,r situations through such arrangements and agencies; ' Slates concerned should consider approaching the relevant or­ !(ans of the United Nati"ns in order lo obtain advice or rccomrnenda- 11011..., l)fl prevl·nt1ve me;l\l" fnr dealing with a dispute or Ŀituati1)11: ' Rcsolut,on ŀt,25 (XX V ). ,111r1t·x. " Resolution n / 10. annex 7 Rt•solulion 4Ł /22, a11ncx

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